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09 July 2021
Issue: 7940 / Categories: Legal News , Criminal , Profession
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NLJ this week: The problem with R v Plaku

With a 60,000 backlog at the Crown Court and chronically overcrowded prisons, the criminal justice system is in a parlous state, Martin Rackstraw, partner, Russell-Cooke, writes in this week’s NLJ. Could a recent case make the situation worse?

Rackstraw considers the recent appeal case of R v Plaku & Ors, where the court considered the question of when the maximum one-third reduction should be applied to a sentence in the crown court.

He suggests the decision ‘will cause considerable difficulties for defence practitioners and judges, and should be of concern to anyone who cares about having an effective and proportionate system of sentencing’.

Read the article here to find out more.

Issue: 7940 / Categories: Legal News , Criminal , Profession
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NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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